Terms and Conditions of Service
These Terms and Conditions of Service and the Privacy Statement constitute the full and complete legal agreement ("Agreement") between the entity or individual or company ("User") who utilizes the Secure SMTP outgoing email service (the "Service") and LSoft Technologies Inc. ("Secure SMTP").
USER SHOULD READ THIS DOCUMENT CAREFULLY. BY CLICKING "I AGREE" ON THE REGISTRATION PAGE AND ACCEPTING THIS AGREEMENT, OR BY USING THE SERVICE, USER CONFIRMS USER'S UNDERSTANDING AND AGREEMENT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND USER CONSENTS TO OUR PRIVACY STATEMENT.
User certifies to Secure SMTP that, if an individual, he/she is at least 18 years of age. In the event a minor wishes to use the Service, the minor's parent or legal guardian shall register as the User. Thereafter, such User may authorize a minor's use of User's account under adult supervision and with assumption of all liabilities resulting from such minor's use.
Secure SMTP reserves the right to modify this Agreement at any time, including changing, adding any fees or surcharges payable under this Agreement. Any modification in fees or surcharges is effective upon five days notice to User either by a posting on the Secure SMTP web site (www.smtp-server.com) or by an electronic mail message. If any modification to the Agreement is unacceptable to the User, the User is entitled to terminate immediately this Agreement and its use of the Service, as provided in Section 5 below. USER'S CONTINUED USE OF THE SERVICE FOLLOWING NOTICE OF MODIFICATION TO THE AGREEMENT SHALL BE CONCLUSIVELY DEEMED ITS ACCEPTANCE OF THE MODIFICATION.
Provided User has not breached any of the terms and conditions of this Agreement, Secure SMTP grants to User a non-exclusive, non-transferable, limited, terminable right to use the Service for legitimate personal and business purposes. User shall not use the Service or permit any third party to use the Service to conduct any business or activity, or solicit the performance of any activity, which is prohibited by or would violate any applicable law or legal obligation, or for purposes that may create civil or criminal liability, including but not limited to: (a) uses which are defamatory, deceptive, obscene, or otherwise inappropriate; (b) uses that violate or infringe upon the rights of any other person, such as unauthorized distribution of copyrighted material; (c) "spamming," sending unsolicited bulk e-mail messages or sending unsolicited advertising or similar conduct; (d) threats to or harassment of another; (e) knowingly sending any virus, worm, cancelbot, or other harmful component; and (f) violating U.S., Canadian, or another country's export regulations by mailing abroad restricted data or software. If User violates these rules or Secure SMTP learns of other unlawful or harmful use of the Service by User, Secure SMTP may immediately terminate this Agreement. Without limiting the generality of the foregoing, Secure SMTP may disable User's access to the Service, cancel User's account, or take other action it deems appropriate, including notifying the authorities and suing for damages.
User agrees that User will not knowingly use the Service and will not permit any third party to use the Service (i) in a manner which significantly and adversely affects the performance or availability to other users of the Service or other services provided by Secure SMTP, or (ii) in a manner that interferes in any way with Secure SMTP’s computers or network security, or (iii) to attempt to gain unauthorized access to any unrelated person’s computer system. Secure SMTP also reserves the right, at its sole discretion, to terminate this Agreement or suspend User's account if it is the unwitting recipient of "mail bombs" or other harmful devices that could cause problems for the entire Service.
User shall immediately notify Secure SMTP of any security breach in, or unauthorized use of, User's account.
User is responsible for creating and retaining copies of all files as may be necessary for reconstruction of any files, information, data or other material or messages, which may be lost or improperly processed by the Service, and Secure SMTP shall have no liability to user for such lost files.
User acknowledges that Secure SMTP may from to time to time establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages will be retained by the Service, the maximum number of email messages that may be sent from an account on the Service, the maximum size of any email message that may be sent from an account on the Service, and the maximum number of times (and the maximum duration for which) User may access the Service in a given period of time. User agrees that Secure SMTP has no responsibility or liability for the deletion or failure to store any messages and other communications maintained or transmitted by the Service. You acknowledge that Secure SMTP reserves the right to terminate accounts that are inactive for an extended period of time.
USER AGREES TO INDEMNIFY AND HOLD Secure SMTP AND ITS DIRECTORS, OFFICERS, EMPLOYEES HARMLESS AGAINST ANY CLAIMS, LIABILITY, DAMAGES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES) ARISING FROM THE USER'S USE OF THE SERVICE OR A VIOLATION OF THIS AGREEMENT. IN PARTICULAR, THE USER ACKNOWLEDGES THAT IT HAS FULL RESPONSIBILITY FOR THE CONTENT OF EACH MESSAGE SENT USING ITS ACCOUNT.
Secure SMTP reserves the right to accept, refuse, or limit User's use of the Service for any reason - including (but not limited to) credit card / payment clearance, errors in service descriptions and / or prices.
Secure SMTP shall have the right to change technical parameters at any time without advance warning.
THE SERVICE IS PROVIDED ON AN "AS IS," "AS AVAILABLE", BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY Secure SMTP, ITS EMPLOYEES, AGENTS, REPRESENTATIVES, OR THE LIKE, SHALL CREATE A WARRANTY.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL Secure SMTP OR ANYONE ELSE INVOLVED IN THE SERVICE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICE OR THAT RESULT FROM DEFECTS, MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS IN OPERATION OR TRANSMISSION, VIRUSES, DELETION OF FILES OR E-MAIL, OR FOR ANY LOSS OF PRIVACY OR CONFIDENTIALITY OF PRIVATE MESSAGES, HOWSOEVER CAUSED.
FURTHER, IN NO EVENT SHALL THE TOTAL LIABILITY OF Secure SMTP, OR ITS EMPLOYEES, AFFILIATES, AGENTS, FOR ANY DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EITHER JOINTLY OR SEVERALLY, EXCEED THE AGGREGATE AMOUNT OF ANY FEES PAID BY THE USER FOR THE SERVICE. The foregoing provisions are for the benefit of Secure SMTP, its employees, directors, affiliates, and each shall have the right to assert and enforce the provisions directly on its own behalf.
Secure SMTP shall maintain a record of this Agreement for 24 months. Upon request of the User, Secure SMTP shall provide the User with a copy of this Agreement, provided User makes such request within 24 months of registration.
The benefit of this contract is personal to User and only User can enforce the contractual terms. The User may not assign, transfer, loan, rent, lease, license or sublicense User's subscription to, and/or right to use, the Service.
If any of the provisions contained in this Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, the validity, legality or enforceability of the remaining provisions contained herein shall not be in any way affected or impaired thereby.
12. ENTIRE AGREEMENT
The Parties agree that this Agreement constitutes the complete and exclusive statement of the terms and conditions between them covering the performance thereof and cannot be altered, amended or modified unless made in writing and executed by both Parties. Any representation, warranty or condition, written or otherwise, not expressly contained in this Agreement or in an authorized written amendment thereto shall not be enforceable by either Party. Each of the Parties acknowledges that it has not been induced to enter into this Agreement by any representations not specifically stated herein.
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario (excluding any conflict of laws rule or principles that might refer such construction to the laws of another jurisdiction).
In the event a dispute arises between the parties in connection with this Agreement, the parties agree to resolve such dispute by binding arbitration. Either Party may request arbitration in accordance with the rules of the Canadian Arbitration Association ("CAA") as amended, and the laws of the Province of Ontario then in effect. The arbitration shall be before one arbitrator sitting in Toronto, Canada. The Parties shall agree on an arbitrator within ten (10) Business Days after the request for arbitration, and if they fail to so agree, then the arbitrator will be selected by the head of the Toronto office of the CAA. The decision of the arbitrator, which may include the award of costs in the matter, shall be final and binding upon the Parties. Except as otherwise specifically provided, neither Party shall initiate litigation unless and until this dispute resolution procedure has been employed or waived.
LSoft Technologies Inc.